A Federal Tort Claims Act claim is barred if not presented to the appropriate agency within two years of the injury's accrual.
Plaintiffs filed a claim under the Federal Tort Claims Act after discovering that government employees may have caused a fatal flood accident. The agency sent a letter stating the claim was barred because it was not presented within two years of the injury's accrual, but the letter failed to state it was a final denial. Although the agency's denial was procedurally defective under federal regulations, the claim was not timely filed with the agency because the cause of action accrued at the time of the injury, regardless of when the plaintiffs discovered the government's involvement. Because the administrative claim was not presented within two years of accrual, the suit is time-barred.
At page 486 Requirements for agency notice under the FTCA43 citing casesDiscovery of the cause of one’s injury, however, does not mean knowing who is responsible for it.
- Kahler v. United States, No. 1:23-cv-00300 (D. Haw. Aug. 20, 2025).(Discovery of the cause of one’s injury, however, does not mean knowing who is responsible for it.)
- Martinez v. Kaweah Delta Med. Ctr., 637 F. Supp. 3d 1039 (E.D. Cal. 2022).published (Discovery of the cause of one’s injury . . 23 . does not mean knowing who is responsible for it.)
- Johnson 151089 v. Shinn, No. 2:21-cv-00559 (D. Ariz. Oct. 27, 2021).(Discovery of the cause 7 of one’s injury, however, does not mean knowing who is responsible for it.)
- Ritchie v. United States, 210 F. Supp. 2d 1120 (N.D. Cal. 2002).published (Discovery of the causé of one’s injury, however, does not mean knowing who is responsible for it.)
- Young v. Mitsubishi Motors North Am. Corp., No. 2:19-cv-02070 (W.D. Wash. Jan. 16, 2024).“ignorance of the involvement of United States employees is irrelevant”
- Blomdahl v. Jones, No. 2:20-cv-01207 (D. Ariz. Aug. 13, 2020).See Hensley v. United States, 531 F.3d 1052, 1056 (9th Cir. 2008) (“[A]s a general 2 rule, ignorance of the involvement of government employees is irrelevant to accrual of a 3 federal tort claim.”); Dyniewicz v. United States, 742 F.2d 484…
- Client Solutions Architects, LLC v. United States, No. 3:19-cv-00123 (S.D. Cal. Mar. 11, 2020).“involving medical malpractice or 4 hidden injures, the claim does not accrue until the plaintiff knows or in the exercise of 5 reasonable diligence should know of both the injury and its cause”
- J. M. v. Or. Youth Auth., 434 P.3d 402 (Or. 2019).publishedThe 'cause' is known when the immediate physical cause of the injury is discovered." Id. at 486 (citations omitted).
- Felisa Tunac v. United States, 897 F.3d 1197 (9th Cir. 2018).publishedThe plaintiff need not know who caused the injury, Dyniewicz v. United States, 742 F.2d 484, 486 (9th Cir. 1984), or that the injury was caused by negligence, Winter, 244 F.3d at 1090 , in order for the claim to accrue.
- Morales-Melecio v. United States, 190 F. Supp. 3d 249 (D.P.R. 2016).published(The 'cause’ is known when the immediate physical cause of the injury is discovered.)
Show 31 more citing cases
- Kissandra Tysman v. Anthony Pellicano, 555 F. App'x 677 (9th Cir. 2014).unpublishedDyniewicz v. United States, 742 F.2d 484, 486 (9th Cir.1984); Jolly v. Eli Lilly & Co., 44 Cal.3d 1108 , 245 Cal.Rptr. 658 , 751 P.2d 923, 927 (1988).
- United States v. Roger Roybal, 737 F.3d 621 (9th Cir. 2013).published“may be upheld upon any ground which fairly supports it”
- City of Moses Lake v. United States, 451 F. Supp. 2d 1233 (E.D. Wash. 2005).publishedMoreover, in Dyniewicz v. United States, 742 F.2d 484, 486 (9th Cir.1984), the Ninth Circuit Court of Appeals observed that “[discovery of the cause of one’s injury, however, does not mean knowing who is responsible for it.” Rather, the “…
- Skwira ex rel. Est. of Skwira v. United States, 344 F.3d 64 (1st Cir. 2003).publishedDyniewicz v. United States, 742 F.2d 484, 486 (9th Cir.1984).
- Loughlin v. United States, 230 F. Supp. 2d 26 (D.D.C. 2002).publishedSee also Bartleson v. United States, 96 F.3d 1270, 1277 (9th Cir.1996) (FTCA claim accrues upon discovery of the physical cause of the injury to the property); McLellan Highway Corp. v. United States, 95 F.Supp.2d 1 , 14 *40 (D.Mass.2000)…
- Clavette v. Sweeney, 132 F. Supp. 2d 864 (D. Or. 2001).published “The ‘cause’ is known when the immediate physical cause of the injury is discovered”
- 97 Cal. Daily Op. Serv. 1109, 97 Daily Journal D.A.R. 1721 Humberto Alvarez-Machain v. United States of Am. Antonio Garate-Bustamante Francisco Sosa, & Hector Berellez Bill Waters Pete Gruden Jack Lawn, Humberto Alvarez-Machain v. United States of Am., Humberto Alvarez-Machain v. United States of Am., & Francisco Sosa Antonio Garate-Bustamante, 107 F.3d 696 (9th Cir. 1997).publishedDyniewicz v. United States, 742 F.2d 484, 486 (9th Cir.1984).
- 96 Cal. Daily Op. Serv. 7119, 96 Daily Journal D.A.R. 11,681 Humberto Alvarez-Machain v. United States of Am. Antonio Garate-Bustamante Francisco Sosa, & Hector Berellez Bill Waters Pete Gruden Jack Lawn, Humberto Alvarez-Machain v. United States of Am., Humberto Alvarez-Machain v. United States of Am., & Francisco Sosa Antonio Garate-Bustamante, 96 F.3d 1246 (9th Cir. 1996).publishedDyniewicz v. United States, 742 F.2d 484, 486 (9th Cir.1984).
- Alvarez-Machain v. United States, 107 F.3d 696 (9th Cir. 1996).publishedDyniewicz v. United States, 742 F.2d 484, 486 (9th Cir.1984).
- Alvarez-Machain v. United States, 96 F.3d 1246 (9th Cir. 1996).publishedDyniewicz v. United States, 742 F.2d 484, 486 (9th Cir.1984).
- Strand v. Gen. Elec. Co., 945 F. Supp. 1334 (D. Haw. 1996).publishedDyniewicz v. United States, 742 F.2d 484, 486 (9th Cir.1984); accord, Bristol-Myers Squibb Co. v. Superior Court, 82 Cal.App.4th 959 , 965, 38 Cal.Rptr.2d 298, 303 (Cal.CtA.pp.1995) (ignorance of identity of alleged wrongdoer did not affec…
- Sparshott, Shan v. Feld Entrtnmnt Inc, 311 F.3d 425 (D.C. Cir. 2002).published
- In re Swine Flu Prods. Liab. Litig.., 764 F.2d 637 (9th Cir. 1985).published
- Victoria Rosales Jesus Rosales Rebecca Rosales v. United States, 824 F.2d 799 (9th Cir. 1987).published
- Mary Sue Sexton v. United States, 832 F.2d 629 (D.C. Cir. 1987).published
- Barrett v. United States, 851 F.2d 356 (4th Cir. 1988).unpublished
- Gould ex rel. Gould v. U.S. Dep't of Health & Human Servs., 884 F.2d 785 (4th Cir. 1989).published
- Gould ex rel. Gould v. U.S. Deparment of Health & Human Servs., 905 F.2d 738 (4th Cir. 1990).published
- Edward & Sandra Bennett v. United States, 974 F.2d 1341 (9th Cir. 1992).unpublished
- Cent. States, Se. & Sw. Areas Pension Fund v. Navco & William L. Caldwell, Iii, Chicago Truck Drivers, Helpers & Warehouse Workers Union (Indep.) Pension Fund v. Navco & William L. Caldwell, III, 3 F.3d 167 (7th Cir. 1993).published
- Marla Jean Hartman v. United States, 61 F.3d 910 (9th Cir. 1995).unpublished
- United States v. Perry A. McCullough, 106 F.3d 410 (9th Cir. 1997).unpublished
- Sparshott v. Feld Ent., Inc., 311 F.3d 425 (D.C. Cir. 2003).published
- In the Matter of Estates of Hibbard, 803 P.2d 1312 (Wash. Ct. App. 1991).published
- Leftridge v. United States, 612 F. Supp. 631 (W.D. Mo. 1985).published
- Emanuel v. United States, 911 F. Supp. 459 (W.D. Wash. 1995).published
- McLellan High. Corp. v. United States, 95 F. Supp. 2d 1 (D. Mass. 2000).published
- Directv, Inc. v. Thomas, 329 F. Supp. 2d 949 (E.D. Mich. 2004).published
- Cent. States v. Navco, 3 F.3d 167 (7th Cir. 1993).published
- Sanborn v. United States, 764 F.2d 637 (9th Cir. 1985).published
- Solomon v. Dechert LLP, No. 2022-3137, 2023 WL 6065025 (D.D.C. Sept. 18, 2023).published
At page 485 Satisfying dual limitations under federal tort claims act29 citing casesexplaining that claimants must comply with both two-year and six-month limitations periods
- Giustina Land & Timber Co. v. Eugene Water & Elec. Bd., No. 6:24-cv-01152 (D. Or. Apr. 30, 2025). See Dyniewicz, 742 F.2d at 487 (“If the Government has been negligent, it has no general duty to announce that fact to the world at large.
- Naehu v. Glasper, No. 2:24-cv-01705 (D. Nev. Sept. 4, 2025).If either requirement is not met, [the suit] will be time barred.” Dyniewicz v. United States, 17 742 F. 2d 484, 485 (9th Cir. 1984); see Dunlap v. United States, 2012 U.S. Dist.
- Swanson v. United States, No. 2:24-cv-00227 (E.D. Wash. Nov. 8, 2024).Dyniewicz v. United States, 742 F.2d 484, 485 (9th Cir. 6 1984). 7 III.
- Morris v. Carl T Hayden VA Med. Ctr., No. 2:23-cv-00527 (D. Ariz. Sept. 20, 2023).If either requirement is not 25 met, suit will be time barred.” Dyniewicz v. United States, 742 F.2d 484, 485 (9th Cir. 26 1984); 28 U.S.C. § 2401 (b) (providing that a tort claim against the United States is “forever 27 barred” unless pre…
- Hoot v. United States, No. 2:22-cv-00280 (E.D. Wash. Feb. 21, 2023).If either requirement is not met, suit will be time barred.” Dyniewicz 14 v. United States, 742 F.2d 484, 485 (9th Cir. 1984); see also 28 U.S.C. § 2401 (b) 15 (requiring plaintiff to commence action within six months of a denial letter).…
- (PC)White v. United States, No. 2:21-cv-00118 (E.D. Cal. June 27, 2022). “If 10 either requirement is not met, suit will be time barred”
- Powell v. Comm'r of Soc. Sec. Admin., No. 2:21-cv-00054 (D. Ariz. Feb. 8, 2021).Cal. Dec. 11, 2008) (citing 28 20 U.S.C. § 2401 (b); Dyniewicz v. United States, 742 F.2d 484, 485 (9th Cir. 1984)).
- Powell v. Comm'r of Soc. Sec. Admin., No. 2:21-cv-00054 (D. Ariz. Feb. 5, 2021).Cal. Dec. 11, 2008) (citing 28 20 U.S.C. § 2401 (b); Dyniewicz v. United States, 742 F.2d 484, 485 (9th Cir. 1984)).
- Gordon v. United States, No. 2:20-cv-00980 (W.D. Wash. Nov. 4, 2020).If either requirement is not 24 met, suit will be time barred.” Dyniewicz v. United States, 742 F.2d 484, 485 (9th Cir. 1984); 28 25 U.S.C. § 2401 (b).
- Galvan v. United States, 957 F. Supp. 2d 1182 (E.D. Cal. 2013).published Dyniewicz v. United States, 742 F.2d 484, 485 (9th Cir.1984) (“Section 2401(b) establishes two jurisdictional hurdles both of which must be met.
Show 17 more citing cases
- Seiss v. United States, 792 F. Supp. 2d 729 (D.N.J. 2011).publishedSee Velez-Diaz v. United States, 507 F.3d 717, 719 (1st Cir.2007); Gordon v. Pugh, 235 Fed.Appx. 51, 53 (3d Cir.2007); Henderson v. United States, 785 F.2d 121, 123 (4th Cir.1986); McNeil v. United States, 964 F.2d 647, 648 (7th Cir.1992);…
- Ellison v. United States, 531 F.3d 359 (6th Cir. 2008).published See Brockett v. Parks, 48 Fed.Appx. 539, 541 (6th Cir.2002) (“An FTCA tort claimant must present his claim in writing to the appropriate agency within two years of the date the claim accrued, and bring a civil action within six months afte…
- Portland Gen. Elec. Co. v. Bonneville Power Admin., 501 F.3d 1009 (9th Cir. 2007).publishedLabor Relations Auth., 777 F.2d 751, 759 (D.C.Cir.1985) (holding that an agency “seeking to repeal or modify a legislative rule promulgated by means of notice and comment rulemaking is obligated to undertake similar procedures to accomplis…
- Portland Gen. v. Bpa, No. 01-70003 (9th Cir. May 2, 2007).publishedCir. 1985) (holding that an agency “seeking to repeal or modify a legislative rule promulgated by means of notice and comment rulemaking is obligated to undertake similar proce- dures to accomplish such modification or repeal . . . . [U]nt…
- Whitehorn v. Fed. Commc'ns Comm'n, 63 F. App'x 346 (9th Cir. 2003).unpublished(explaining that claimants must comply with both two-year and six-month limitations periods)
- Rayes v. United States, 967 F. Supp. 1162 (D. Ariz. 1997).published Dyniewicz v. United States, 742 F.2d 484, 485 (9th Cir.1984).
- Lane v. United States Postal Serv., 964 F. Supp. 1435 (D. Nev. 1996).publishedDyniewicz v. United States, 742 F.2d 484, 485 (9th Cir.1984).
- Ethel Maxine Phillips v. United States, 260 F.3d 1316 (11th Cir. 2001).published
- Gibson v. United States, 781 F.2d 1334 (9th Cir. 1986).published
- Alton J. Houston v. United States Postal Serv., 823 F.2d 896 (5th Cir. 1987).published
- Toni Marie Gervais v. United States & the Bureau of Indian Affairs, 865 F.2d 196 (9th Cir. 1988).published
- Howard Bearden v. United States, 988 F.2d 117 (9th Cir. 1993).unpublished
- George Baca v. United States, 995 F.2d 230 (9th Cir. 1993).unpublished
- Ronald Takeo Shigeta v. United States, 999 F.2d 544 (9th Cir. 1993).unpublished
- Liles v. United States, 638 F. Supp. 963 (D.D.C. 1986).published
- Pinnavaia v. Fed. Bureau of Investigation, 218 F. App'x 646 (9th Cir. 2007).unpublished
- LaRoque v. United States, 750 F. Supp. 181 (E.D.N.C. 1989).published
At page 487 Equitable tolling requires fraudulent concealment by government19 citing cases“ignorance of the involvement of united states employees is irrelevant.”
- Giustina Land & Timber Co. v. Eugene Water & Elec. Bd., No. 6:24-cv-01152 (D. Or. Apr. 30, 2025). (If the Government has been negligent, it has no general duty to announce that fact to the world at large. There are no grounds for tolling the [FTCA’s] statute of limitations based simply on the Government’s knowledge…)
- Martinez v. Kaweah Delta Med. Ctr., 637 F. Supp. 3d 1039 (E.D. Cal. 2022).published Dyniewicz, 742 F.2d at 486 (“Discovery of the cause of one’s injury . . 23 . does not mean knowing who is responsible for it.”) Thus, Plaintiffs’ claim accrued on September 26, 24 2018, when Plaintiffs learned the probable cause of Deceden…
- Hensley v. United States, 531 F.3d 1052 (9th Cir. 2008).published ([Ijgnorance of the involvement of United States employees is irrelevant.)
- Ritchie v. United States, 210 F. Supp. 2d 1120 (N.D. Cal. 2002).published See Dyniewicz, 742 F.2d at 486 (“Discovery of the causé of one’s injury, however, does not mean knowing who is responsible for it.”); see also In re Swine Flu Prod.
- Chalice Vineyards, L.L.C. v. United States & Lane Elec. Coop., Inc., No. 6:24-cv-01559 (D. Or. Nov. 14, 2025).A claim begins to accrue when the plaintiff knows “both the fact of injury and its immediate physical cause. . . . [I]gnorance of the involvement of the United States employees is irrelevant to determining when their claim accrues.” Hensle…
- Young v. Mitsubishi Motors North Am. Corp., No. 2:19-cv-02070 (W.D. Wash. Jan. 16, 2024).A plaintiff’s 24 25 “ignorance of the involvement of United States employees is irrelevant.” Dyniewicz v. United 26 States, 742 F.2d 484, 486 (9th Cir. 1984). 27 28 1 Here, the parties do not dispute that plaintiffs’ claims accrued on or a…
- Lopez v. United States, No. 4:21-cv-00255 (D. Ariz. Apr. 19, 2023).In short, the law applicable to Plaintiff’s claim in Count One is clear: the 6 claim accrues when a Plaintiff knows “both the fact of injury and its immediate physical 7 cause.” Hensley v. United States, 531 F.3d 1052, 1057 (9th Cir.2008)…
- Mary Keller v. United States, No. 17-17194 (9th Cir. Dec. 20, 2019).unpublished“no general duty to announce that fact to the world at large”
- Fleming v. United States, 200 F. Supp. 3d 603 (D. Md. 2016).published July 24, 2013) (quoting Hensley v. United States, 531 F.3d 1052, 1057 (9th Cir.2008) (quoting Dyniewicz v. United States, 742 F.2d 484, 487 (9th Cir.1984))) (emphasis added).
- Gallardo v. United States, 755 F.3d 860 (9th Cir. 2014).published She emphasizes on appeal that “she could not have known or had reason to suspect” that the Corps was “complicit” in her injury “because the cause known at the time was [Curtis’s] assault.” But, as we held in Hensley, “ignorance of the invo…
Show 6 more citing cases
- Galvan v. United States, 957 F. Supp. 2d 1182 (E.D. Cal. 2013).published Dyniewicz v. United States, 742 F.2d 484, 485 (9th Cir.1984) (“Section 2401(b) establishes two jurisdictional hurdles both of which must be met.
- Callahan v. United States, 337 F. Supp. 2d 348 (D. Mass. 2004).publishedThe government is under no duty to announce its suspicions or internal investigations to the world at large.’ ” (quoting Dyniewicz v. United States, 742 F.2d 484, 487 (9th Cir. 1984))). 26 .
- Gibson v. United States, 781 F.2d 1334 (9th Cir. 1986).published
- Robert F. Burns v. United States, 764 F.2d 722 (9th Cir. 1985).published
- Barnard v. Century Enter., Inc., 89 F.3d 844 (9th Cir. 1996).unpublished
- Alaska Pac., Inc. v. United States, 650 F. Supp. 29 (D. Nev. 1986).published
At page 484 “discovery of the cause of one's injury, however, does not mean knowing who is responsible for it.”1 citing case
- Staci Sconiers v. United States, 896 F.3d 595 (3d Cir. 2018).published“under the federal tort claims act a claim must be filed with the appropriate federal agency within two years of its accrual and suit must be commenced within six months of the agency's denial of the claim.”
v.
United States
Under the Federal Tort Claims Act a claim must be filed with the appropriate federal agency within two years of its accrual and suit must be commenced within six months of the agency’s denial of the claim. 28 U.S.C. § 2401(b). At issue here is the procedure necessary for an agency to deny a claim and whether this particular action is time barred if the agency followed improper procedures. The district court dismissed the action after finding the claim was properly denied and that filing was not made six months thereafter. We too conclude the action must be dismissed, but on a different rationale. We find the agency’s denial of the claim was defective, but nonetheless that the claim was not filed timely with the agency in the first instance.
On March 17,1980, Mark and Carol Dyniewicz were killed when a flood swept their car off a highway on the island of Hawaii. Their estates and their minor children (appellants) filed suit against the State of Hawaii on October 6,1980 for wrongful death, alleging negligence in failure to close the road in question. During the course of the state suit, appellants discovered that the negligence of National Park Service rangers might have been a cause of the accident. Appellants contend the first indication that United States’ employees might have been involved was a dispatcher’s tape-recording discovered on June 12, 1982.
Appellants filed an administrative claim with the Department of Interior on July 30, 1982. A field solicitor for the Department of Interior sent appellants a letter by certified mail on September 8, 1982. The letter stated that “[b]ecause [the] claims were not ‘presented in writing to the appropriate Federal agency within two years’ after the claims accrued, they [are] barred pursuant to 28 U.S.C. 2401(b).” The letter quoted § 2401(b) in its entirety but did not otherwise indicate that it was a notice of the final denial of appellants’ claim. Six months and three days after the mailing of the letter, on March 11, 1983, appellants filed this Federal Tort Claims Act (FTCA) action in the United States District Court for the District of Hawaii.
Section 2401(b) provides the statute of limitations for the Federal Tort Claims Act:
A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.
Section 2401(b) establishes two jurisdictional hurdles, both of which must be met. See Claremont Aircraft, Inc. v. United States, 420 F.2d 896 (9th Cir.1969); Schuler v. United States, 628 F.2d 199 (D.C.Cir.1980) (en banc) (per curiam). A claim must be filed with the agency within two years of the claim’s accrual, and the claimant must file suit within six months of administrative denial of the claim. If either requirement is not met, suit will be time barred.
28 C.F.R. § 14.9, captioned “final denial of claim,” sets down the procedure for notifying claimants of the final administrative denial of their claims. Section 14.9 provides that the notification must be in writing, sent to the claimant or his attorney, may include a statement of the reasons for the denial, and “shall include a statement that, if the claimant is dissatisfied with the agency action, he may file suit in an appropriate U.S. District Court not later than six months after the date of mailing of the notification.” The letter sent to the appellants complied with all of the requirements of § 14.9 except the last.
Agencies are generally bound by the regulations they promulgate. Confederated Tribes & Bands of the Yakima Indians v. FERC, 734 F.2d 1347, 1356 (9th Cir.1984); Memorial, Inc. v. Harris, 655 F.2d 905, 910 n. 14 (9th Cir.1980). Procedural rules as well as substantive rules are binding. Hall v. Schweiker, 660 F.2d 116,[*486] 119 (5th Cir.1981). The United States cannot impose procedural requirements on claimants which are more stringent than those provided by the FTCA, Warren v. Department of Interior, 724 F.2d 776 (9th Cir.1984) (en banc); the United States can, however, place procedural limitations on itself which are more extensive than the FTCA’s. See Hall, 660 F.2d at 119.
We need not decide whether the exact language of 28 C.F.R. § 14.9 must be quoted or whether substantial compliance with its meaning will suffice. Here, the letter sent to the appellants did not meet even the latter, less exacting test. 28 C.F.R. § 14.9 serves two functions. First, § 14.9 informs the claimant of the law; the claimant is told that he must file suit within six months of the notice of denial. This function of § 14.9 was fulfilled here by the quotation of § 2401(b) in the letter. Section 14.9, however, also serves to inform a claimant that the agency has acted upon the claim. The provision requires the claimant be informed that the six month period runs from the date of mailing of the particular notice. This provides the claimant with a clear landmark that the claim has been denied and that the six month clock has begun to run.
The letter sent to appellants in this case did not include an explicit statement that it constituted the final administrative denial of appellants’ claim. A prudent attorney might have suspected such a letter, being certified, was meant as a final denial of appellants’ claim. Nonetheless, the letter indicated only that the regional solicitor for the Department of Interior considered the claim to be time barred. A regional solicitor’s judgment that a claim is time barred does not, per se, constitute the department’s final denial of the matter; for example, his conclusion might be tentative or subject to further administrative review within the department. As the letter sent to appellants did not comport with the requirements of 28 C.F.R. § 14.9, the district court erred in dismissing their suit as time barred by the six month limitations period. Boyd v. United States, 482 F.Supp. 1126, 1129 (W.D.Pa.1980); cf 28 U.S.C. § 2675 (claimant may presume claim denied any time after six months if agency does not act within that period).
A district court’s decision, however, may be upheld upon any ground which fairly supports it. Dandridge v. Williams, 397 U.S. 471, 475 & n. 6, 90 S.Ct. 1153, 1156 & n. 6, 25 L.Ed.2d 491 (1970); Jaffke v. Dunham, 352 U.S. 280, 281, 77 S.Ct. 307, 308, 1 L.Ed.2d 314 (1957) (per curiam). An examination of the relevant case law shows that the regional solicitor was correct in concluding that appellants’ claim was barred because it was not submitted within two years of its accrual.
“The general rule in tort law is that the claim accrues at the time of the plaintiff’s injury.” Davis v. United States, 642 F.2d 328, 330 (9th Cir.1981), cert. denied, 455 U.S. 919, 102 S.Ct. 1273, 71 L.Ed.2d 459 (1982); accord Steele v. United States, 599 F.2d 823, 826-27 (7th Cir.1979). In certain eases, usually involving medical malpractice or hidden injuries, the claim does not accrue until the plaintiff knows or in the exercise of reasonable diligence should know of both the injury and its cause. Davis, 642 F.2d at 330-31; Steele, 599 F.2d at 827; see id. at 828 (discovery rule inapplicable to ordinary torts). Discovery of the cause of one’s injury, however, does not mean knowing who is responsible for it. The “cause” is known when the immediate physical cause of the injury is discovered. Davis, 642 F.2d at 331; Steele, 599 F.2d at 828. But cf. Liuzzo v. United States, 485 F.Supp. 1274 (E.D.Mich.1980) (claim did not accrue until plaintiffs had reason to believe government agent was person who caused injury where agent and other government officials, including the President, had asserted that other persons were responsible).
With knowledge of the fact of injury and its cause the malpractice plaintiff is on the same footing as any negligence plaintiff. The burden is then on plaintiff to ascertain the existence and source of fault within the statutory period. It fol[*487]lows that diligence or lack of diligence in these efforts is irrelevant.
Davis, 642 F.2d at 331.
Appellants knew both the fact of injury and its immediate physical cause, the flooded highway, when the bodies of Mr. and Mrs. Dyniewicz were found. The cause of action accrued at that time. Their ignorance of the involvement of United States employees is irrelevant. Davis, 642 F.2d 328 (cause accrued when plaintiff learned polio vaccine had caused his injury not when he discovered that HEW had negligently tested it); Steele, 599 F.2d 823 (plaintiff’s lack of knowledge that FAA had remote control power switch to transformer box, from which plaintiff received electric shocks, was irrelevant).
Appellants imply that the statute should be tolled because the Government knew of the negligence of the rangers and did not come forward with that information. If the Government has been negligent, it has no general duty to announce that fact to the world at large. There are no grounds for tolling the statute of limitations based simply on the Government’s knowledge of its own wrongdoing absent fraudulent concealment, or other forms of conduct that may be recognized as grounds for equitable tolling of the statute. Borzeka v. Heckler, 739 F.2d 444, 448 n. 3 (9th Cir.1984). No sufficient grounds for tolling the statute have been asserted here.
The district court erred in holding that the letter sent to appellants was a notice of final denial of their claim within six months of which they had to file suit. The letter was, however, correct in asserting appellants’ claim to be barred as not filed within two years of its accrual. Accordingly, the judgment of the district court is AFFIRMED.